statutory interpritation

Question 1

what is statutory interpretation

Answer 1

where a judge gives meaning to words of an act of parliment

Question 2

what are the 4 rules

Answer 2

literal
golden
mischief
purposive approach

Question 3

which rule must a judge start with

Answer 3

literal rule

Question 4

what is the literal rule

Answer 4

when the judge takes the direct meaning of a word in an act
definition is one from the dictionary of the time

Question 5

what cases display the literal rule

Answer 5

R V Harris
whitely v chapel
LNER v berriman
R v D
cheeseman v DPP

Question 6

explain the case of whitley v chapel

Answer 6

D used the vote of a dead man
the statute made it an offence ‘to impersonate any person entailed to a vote’
voting rights ment a person had to be living to vote
D not guilty

Question 7

explain the case of LNER v berriman

Answer 7

mr b was oiling the track and there was no look out so he died
compensation was available is a person was ‘relaying or repairing’
oiling is none its maintenance
no compensation was granted

Question 8

what are the advantages of the literal rule

Answer 8

certainty/predictability
respects parliamentary sovereignty
upholds separation of powers
encourages legislation precision
quick

Question 9

what are the disadvantages of the literal rule

Answer 9

ignores legislative intent
can create absurd/obscure results
limited flexibility
based of technicality

Question 10

explain the case of cheeseman v dpp

Answer 10

D was wanking in public toilets and police was stationed outside as it had been reported before
part of the charge was being found by a ‘passenger’
as the police were stationed and not travelling they were not technically classed as passengers
D was not guilty

Question 11

what is the golden rule

Answer 11

if the literal rule give an absurd result the judge can use an alternate meaning to create a more sensible result

Question 12

what are the two types of golden rule

Answer 12

narrow approach- when a word has two meaning the judge chooses one
broad approach- the judge can change the statute completely but isn’t often used

Question 13

name some cases that use the golden rule

Answer 13

adler v george -narrow
r v allen- narrow
re sigworth- broad

Question 14

explain the case of adler v george

Answer 14

D was in a prohibited air base
he was charged where it was an offence to obstruct a member of the armed forces ‘in the vacinity’ of a prohibited place
the golden rule was used to extend the meaning from in the vacinity to in/in the vicinity
so D was guilty

Question 15

explain the case of R v allen

Answer 15

d charged with bigamy
it was illegal to marry two people but the law doesn’t recognise the second marriage
the golden rule was applied to change the meaning of marriage to the ceremony of marriage
d was guilty

Question 16

explain the case of re sigworth

Answer 16

a man murdered his mother who had no will (he was set to inherit it all)
the court used the golden rule to stop future murders for will money
d was guilty

Question 17

what are the advantages of the golden rule

Answer 17

allows sensible decisions
prevents amendments of legislation
narrow approach respects parliamentary authority
avoids injustice

Question 18

what are the disadvantages of the golden rule

Answer 18

used limetly
unpredictable
wide ap could be undemocratic
too much power to judges

Question 19

what is the mischief rule

Answer 19

the court should look at the mischief the act was trying to cover and then interpret in a way that the gap is covered

Question 20

what case payed out the definition of the mischief rule

Answer 20

heydons case 1584

Question 21

what 4 points from heydons case must the court cover when using the mischief rule

Answer 21

what the common law was before the act
what the mischief was
what remedy the parliament passed to cure the mischief
the true reason for the remedy

Question 22

name cases that used the mischief rule

Answer 22

smith v hughes
royal collage of nursing v DHSS

Question 23

explain the case of smith v hughes

Answer 23

Ds were prostitutes soliciting on an open balcony
the were charged with the street offences act where it was a crime to solicit n the street/ public place
the act aimed to stop this soliciting
the judge used the mischief rule to stop the soliciting so Ds were guilty

Question 24

explain the case of royal college of nursing v DHSS

Answer 24

nurses were giving abortion pills to women under doctors guidelines
of the abortion act only registered practitioners could give abortions
the aim of the act was to stop backstreet abortions
so using the mischief rule they were not guilty of

Question 25

what are the advantages of the mischief rule

Answer 25

more likely to produce a just result judges interpret how parliament intends preferred by law commission promotes the purpose of the law

Question 26

what are the disadvantages of the mischief rule

Answer 26

risk of judicial law making judges don’t always agree leads to uncertainty not as wide (only look at the gap) can be seen as outdated

Question 27

what is the purposive approach

Answer 27

looks at what parliament ment to achieve by making the act giving judges a large degree of discretion

Question 28

what are some cases that used the purposive approach

Answer 28

jones v tower boot R v registrar general, ex parte smith R(quintavalle) v secretary of state

Question 29

explain the case of jones v tower boot

Answer 29

jones(a black man) was facing racial abuse from colleagues if colleagues do this behaviour ‘in the course of employment’ the employer is liable by using a broad interpretation the abuse was covered as the act intended to stop this abuse in the workplace so jones was entitled to compensation

Question 30

explain the case of R v registrar general, ex parte smith

Answer 30

the appellant applied for a copy of his birth certificate to fine his birth mother he was suffering from psychosis and his therapist believed it could put his mother at risk literally he could have a copy due to the risk of his mother it was not granted

Question 31

explain the case of R(quintavalle) v secretary of state

Answer 31

pro life alliance argued the HFE didn’t have a license to reasuech cloning an embryo-‘live human embryo when fertilisation is complete’ as embryos were cloned not firtilised this couldn’t apply the judge said cloned embryos were treated as fertilised ones so they kept their licence

Question 32

what are the advantages of the purposive approach

Answer 32

avoids absurd results justice in individual cases allows judges to update law flexible more consideration of law commission

Question 33

what are the disadvantages of the purposive approach

Answer 33

power to unelected judges difficult to find purpose unpredictable judges have creative power

Question 34

what’s an intrinsic aid

Answer 34

aids inside the act itself to help make the meaning clearer

Question 35

give examples of intrinsic aids

Answer 35

long and short title preamble schedules marginal notes interpretation section of the act

Question 36

what’s an extrinsic aid

Answer 36

and aid not in the act itself to make the moaning clearer

Question 37

give examples of extrinsic aids

Answer 37

previous acts of parliament case law dictionary’s of the time law commission reports interpretation act 1978 handsard

Question 38

explain the case of mendoza v gaiden i’m turms of human rights act

Answer 38

a gay unmarried couple lived together on was a protected resident and then died normally the partner of a protected resident got the place bc they were gay he didn’t but after looking at the HRA the partner was the tennent